In recent solutions, The European Court of Human Rights (ECHR) has raised concerns about laws that require the weakening of encryption and increased data storage time, such as the European initiative “Chat Control”. The ECHR has expressed the opinion that these legislative innovations directly violate the European Convention on Human Rights.
According to the court, legislation that mandates the preservation of internet correspondence for all users, as well as granting security services direct access to stored data without adequate safeguards against abuse, along with the ability to decipher messages upon demand, cannot be considered necessary in a modern democratic society.
This decision follows a trial that began in 2017 when Russian special services demanded that the Telegram messenger service provide technical information to assist in deciphering messages from a specific user. Civil activist Anton Valerievich Under Omphozov filed a lawsuit in this case, but his claims were rejected in Russia.
In 2019, he appealed to the ECHR. After almost five years, the court concluded that the Russian law requiring Telegram to decrypt messages essentially weakens the encryption mechanism for all users, which the court considers disproportionate to the legitimate goals of law enforcement.
While the decision of the ECHR is unlikely to have an impact within Russia, it is significant for European countries considering decryption laws, including the European “Chat Control” and the British “Online Safety Act”.
“This approach would destroy the protection of citizens,” said Patrick Breyer, a member of the European Parliament and activist for digital rights.
“Now, EU governments will have no choice but to abandon their official position advocating against protected encryption and the intrusive surveillance of personal messages of the entire population,” added Breyer.